CAG
should audit asbestos laden buildings in India and provide a decontamination
plan
October 10,
2014: Defending his decision to order replacement of asbestos sheets with
galvalume sheets in food godowns between July 11, 2008 and April 23, 2010, in a
letter, Ashok Khemka, former Managing Director, Haryana State Warehousing
Corporation (HSWC) and the noted whistleblower has accused Shashi Kant Sharma, the
new Comptroller and Auditor General (CAG) of India of having denied him an
opportunity to explain his decision. The past usage and the continued usage of
the roofing sheets made of cancer causing fibers is an anti-public health legacy
of previous governments. Asbestos causes incurable diseases like lung cancer,
asbestosis and mesothelioma. The
alternatives of asbestos sheets are ideally suited for roofing applications.
Khemka’s
decision to replace asbestos sheets is bound to be praised in some 55 countries
which have banned asbestos of all kinds. His decision is in compliance with the
resolution of World Health Organisation (WHO) and International Labour Organization
(ILO) that has recommended elimination of asbestos. This decision honors the letter
and spirit of the Supreme Court of India’s judgment dated January 27, 1995
directing central and state governments to update their rules and laws in the
light of fresh ILO's resolution. ILO has made specific directions vide its
Resolution of 2006 introducing a ban on all mining, manufacture, recycling and
use of all forms of asbestos.
Notably, National
Human Rights Commission (NHRC), New Delhi is pursuing is a case (NHRC Case
No.2951/30/0/2011) seeking compliance with the Supreme Court order wherein Haryana
Government has also filed its reply. In its reply it claims that “No case of
asbestosis has been detected so far” in the state although there are the three
factories in Haryana State which use Asbestos in their manufacturing process.
These are:
1. M/s Hyderabad
Industries, Faridabad (of the CK Birla Group)
2. M/s BIC Auto
(P) Ltd, Bahadurgarh
3. M/s ASK
Automotive (P) Ltd, Gurgaon
.
While the whole
world is grappling with the epidemic of asbestos related incurable lung
diseases, Haryana’s Directorate of Industrial Safety and Health claims that “No
case of asbestosis has been detected so far.”
Unlike,
Government of Haryana, Secretary, Medical Education & Research, Chandigarh
Administration has informed NHRC that “a. White Asbestos (Chrysotile Asbestos)
is implicated in so many studies with the following diseases:-Mesothelioma
(Cancer of Pleura), Lung Cancer, Peritoneal Cancer, Asbestosis, And also
consider as cause of following cancers:- Ovarian Cancer, Laryngeal Cancer,
Other Cancer, b. Diseases are produced in the person involved in Asbestos
Industry.” It states that “No. of cancer deaths due to asbestos requires
further large
scale study from
India” It informed, “It is definitely harmful material, causing cancer and
other
related
diseases.”
Union Ministry
of Labour and Employment has constituted an Advisory Committee of 13 members to
develop control strategies and to review the safeguards in relation to primary
exposure to Asbestos by the workers in pursuance of the judgement of Supreme
Court. There are four terms of reference (TOR) of this Advisory Committee. Two
of these TORs deal with ‘ILO guidelines’ and ‘fresh resolution passed by ILO”.
The reply does not recognize that the ‘fresh resolution passed by ILO’ refers
to the above mentioned June 2006 resolution. Union Ministry of Labour set up
this Advisory Committee to implement Supreme Court order.
Union Ministry
of Labour has revealed that that the “Government of India is considering the
ban on use of chrysotile asbestos in India to protect the workers and the
general population against primary and secondary exposure to Chrysotile form of
Asbestos" at page no. 28 of its concept
paper at the
two-day 5th India-EU Joint Seminar on “Occupational Safety and Health” during
19-20 September, 2011.
It is noteworthy
that Dow Chemicals Company has set aside $2.2 billion in compensation fund to
address future asbestos-related liabilities arising out of acquisition of Union
Carbide Corporation (UCC) and its Indian investments in 1999. Many manufacturers
of asbestos-containing products have gone bankrupt in USA as a result of
asbestos litigation.
Dr. R.B. Raidas,
Deputy Director General, Directorate General of Factory Advice Service &
Labour Institutes. (DGFASLI) revealed that 36 out of 1000 workers have been
found to be suffering from asbestos related diseases. He revealed that DGFASLI
had studied some 8, 000 workers and found that some 228 workers were exposed.
Dr H N Saiyed,
former Director, National Institute of Occupational Health (NIOH), Ahmedabad has
stated that paying compensation to the victims of asbestos related diseases is
a long process. He added, asbestos does not have a threshold limit. The best
way to stop the diseases is to
stop its use.
Politicians are hiding behind absence of data which is not being collected.
They shared this at conference organized by Maulana Azad Medical College, New
Delhi organised by Centre for Occupational and Environmental Health in
partnership with Drexel University, School of Public Health, Collegium
Ramazzini, Ministry of Environment & Forests, Ministry of Labour and
Employment, Government of India and Heart of England, NHS Foundation Trust.
Not only that
Central Public Works Department (CPWD), Union Ministry of Urban Development
Government of India provides for “non-asbestos cement board partitions.” (CPWD
Dehli Schedule of Rates, 2007, www.cpwd.gov.in/final-dsr2007.pdf).
An update in 2012 refers to “high impact polypropylene” fibre as the
non-asbestos type of fibre-cement specified. www.cpwd.gov.in/DSR2012.pdf.
Meanwhile, although
India has technically banned asbestos mining, Russia, the world’s biggest
asbestos producer remains India’s biggest supplier of raw asbestos. India
remains the world’s biggest asbestos importer. India is consuming 15 % of the
total world asbestos production, as per US Geological Survey estimates.
Notably, Ukraine
decided to prolong anti-dumping duties on imports of asbestos-cement corrugated
sheets from Russia for an additional five years.
Owing to growing
public awareness about the hazards of asbestos, consumption of asbestos dropped
by 39% from 2012 to 2013 in India. India’s asbestos consumption in 2013 was
302,668 tons. In 2012, it was 493,086 tons.
It is quite
evident that Khemka has done the right thing that paves way for asbestos free
Haryana and paves the path for other Indian states to follow. Instead of
auditing his work, CAG should conduct an audit the status of the asbestos laden
buildings, victims of asbestos related diseases from the government hospital
records in the country and suggest a plan for the decontaminating buildings of
hazardous asbestos fibers to save present and future generations.
For Details: Gopal Krishna, Ban Asbestos Network of
India (BANI)/ToxicsWatch Alliance (TWA), Mb: 08227816731, 09818089660,
E-mail:gopalkrishna1715@gmail.com
